The law that governs appeals to this Court against arbitral awards is very clear.
Section 98(10) of the Labour Act [Chapter 28:01] provides,
“An appeal on a question of law shall lie to the Labour Court from any decision of an arbitrator appointed in terms of this section.”
This is an appeal against an arbitral award filed in this Court by the Appellants. Does the appeal in its grounds comply with the above provision? Respondent’s answer to this question is that, it does not, hence it has raised a point in limine to that effect. More
The brief factual background is that the applicant was employed by the respondent as Financial Accountant. He was dismissed for misconduct after disciplinary proceedings held in terms of the Labour (National Employment Code of Conduct) Regulations Statutory Instrument 15 of 2006. (National Code).
The matter went for arbitration, following procedures provided for in the National Code. The arbitrator, in his award dated 10 December 2013, upheld the verdict of guilty, but set aside the penalty of dismissal. The arbitrator ordered the reinstatement of the applicant, without pay and benefits for the period he was on suspension. It appears the penalty... More
This is an appeal mainly against that part of the judgment handed down by the Magistrates Court sitting at Masvingo ordering the eviction of the appellants from houses belonging to the respondent. The appellants took occupation of the said houses (hereinafter referred to as “the company houses”) on account of their employment with the SMM Holdings.
In the court below the respondent instituted two separate but related claims against the appellants. In the first claim it sought the eviction of the appellants from the company houses on the basis of the termination of their employment and the concomitant loss of... More
The appellant in this matter was arraigned before the Magistrates Court Marondera on 9 counts of stock theft as defined in s 114(2)(a) of the Criminal Law Codification and Reform) Act [Cap 9:23]. To these charges he duly pleaded guilty. He was represented during the course of his trial by a legal practitioner. He was convicted as charged and was sentenced on 4 March 2010 as follows:- More
The 130 applicants are tenants of the first respondent at its various flats in Harare. Following a legal battle the parties concluded a written deed of settlement on 4 May 2010 in the following terms: More
This is an application for rescission of judgment in which the application was dismissed on the turn.
The applicant, a self actor requested for written reasons for the decision dismissing this application on the date of hearing. These are the reasons. More
This is an appeal against the refusal of rescission of judgment by the lower court. The appellant made an ex parte application against the first respondent for an anti-dissipation order in the Magistrate’s Court. He had at the time already issued summons in the High Court against the first respondent claiming return of a motor vehicle described as a MercedesBenz200, registration number AEN 4363 and white in colour. The applicant averredin the summons that the vehicle belonged to him under circumstances outlined in his declaration. The vehicle was said to have been confiscated by the first respondent. More
he appellant was convicted of fraud as defined in s 136 of the Criminal Law (Codification & Reform) Act [Chapter 9:23]. He was sentenced to 24 months imprisonment of which 8 months imprisonment were suspended for 5 years on condition of good behaviour. Of the remaining 16 months imprisonment, 6 months were suspended on condition the appellant made restitution of the sum of US$3 922-00 to the complainant before a specified date and the balance of 10 months imprisonment were suspended on condition that he performs 350 hours of community service at Marlborough Police Station. He appeals against his conviction... More
The plaintiffs seek an order for-reimbursement of the purchase price paid to the defendant for a stand. The defendant sold stand 9547 Tynwald North, Township of Tynwald to the plaintiffs for $7 000, 00 in July 2010. Transfer of the stand was not effected into the plaintiffs’ names as the stand was not fully serviced. More
The applicant was employed by the respondent as a general manager. A dispute arose over the manner in which his personal issue vehicle had been purchased. As a result of which the applicant was suspended and later invited to a disciplinary hearing. He was found guilty after the proceedings had been conducted in his absence and he was dismissed. More
The plaintiff and defendant were joined in holy matrimony on 23 September 1992 at Harare in terms of the Marriages Act, [Cap 5:11]. The marriage still subsists. Both of them were born and bred in Zimbabwe hence they are domiciled in Zimbabwe. Their marriage was blessed with two children born on 29 December 1991 and 3 December 1993 respectively.
On 21 August 2002, plaintiff filed a suit for divorce against the defendant. He alleged that the marriage relationship between the parties has irretrievably broken down to such an extent that there are no reasonable prospects of the restoration of a... More
This is an application for condonation of late noting of an appeal. The reasons proffered for approaching the court later than is set out in the Rules is that the respondent did not furnish timeously the applicant with the record of proceedings. It was submitted on behalf of the applicant thatonce the respondent availed the said record, the applicant commenced to note an appeal with this Court. By then he was already out of time, hence this application. More
This is an application for leave to file medical documents and amend grounds of appeal to include three more grounds. On the 2nd March, 2015 Applicant filed an appeal (LC/H/181/15) in this Court against the Disciplinary Authority‘s determination of the 10th April, 2014 in which he was dismissed from employment for:-
- Not reporting for duty on time since 3 June, 2012 to 28 March, 2013.
- Disregarding official instruction directing members to sign in and out in the attendance register.
- Absenting himself from duty during office hours for the period mentioned above. More
The applicant has approached this Court for interim relief in terms of section 92 E (3) of the Labour Act [Cap 28:01].
The applicant employed the respondents in various capacities. It is alleged that the applicant was underpaying the respondents which resulted in the matter being referred to a labour officer for conciliation and finally to an arbitrator. The arbitrator found in favour of the respondents and the applicant has appealed against that decision. Pending the determination of the appeal the applicant has applied for a stay of the execution of the arbitrator’s award. More
This is an application challenging the constitutionality of the provisions of s 314 of the Urban Councils Act [Chapter 29:15] as being ultra vires the provisions of ss 264 and 265(1) and (2), s 274 and s 276 of the Constitution of Zimbabwe. The applicant applies that s 314 of the Urban Councils Act [Chapter 29:15] (hereinafter referred to as “the Act”) be set aside. The application is opposed. More
